These Terms of Service (the "Agreement" or "Terms") set forth the terms and conditions between Friends for Humanity, Inc. ("Fae", "our", "us" or "we") and you ("You") when you use our text messaging-based AI friend service (the "Service") available via SMS, iMessage, WhatsApp, and any related features. By using the Service, you agree to these Terms and our Privacy Policy.
1. Eligibility and Account
1.1 Eligibility
You must be at least 13 years old to use the Service. You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms, or, if you are unable to form a binding contract under applicable law, you represent and warrant that you have your parent's or legal guardian's permission to use the Service. You must comply with all applicable local, state, national, and international laws, rules, and regulations. The Service is not available to any users we previously removed from the Service.
1.2 Account Registration
To use the Service, you must create an account through our website or authorized platforms using Google authentication. You agree to provide accurate and complete information during registration. You are responsible for maintaining the security of your account credentials and all activities that occur under your account. One phone number may be associated with only one account. You may not share your account or allow anyone else to use your account.
1.3 Account Security
You will notify us immediately at support@friendsforhumanity.com of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
2. The Service
2.1 Description
Fae is an AI-powered conversational friend accessible via text messaging platforms including SMS, iMessage, RCS, and WhatsApp. The Service is powered by third-party artificial intelligence systems and large language models. The Service allows you to send text, images, videos, and other content ("Input") and receive responses from Fae ("Output"). Fae may send you text messages, images, links, and other content.
2.2 Service Availability and Changes
The Service is subject to change based on how third-party AI providers may modify, upgrade, limit, or reduce functionality of their underlying technology. We may change the underlying AI models at any time without notice. The Service depends on third-party messaging platforms including iMessage, SMS/RCS carriers, and WhatsApp. We do not guarantee uninterrupted access and are not responsible for any disruptions caused by these platforms. We may modify, enhance, or discontinue the Service or any features at any time with or without notice.
2.3 Platform Dependencies
The Service operates through third-party messaging platforms. If any messaging platform (including Apple iMessage, SMS/RCS carriers, or WhatsApp) suspends, restricts, or terminates our access to their services, your access to the Service may be affected or terminated. We are not responsible for any such interruptions or terminations caused by third-party platforms.
3. Content and AI Limitations
3.1 Nature of AI Output
Artificial intelligence and machine learning are rapidly evolving fields. Given the probabilistic nature of machine learning, use of our Service may, in some situations, result in Output that does not accurately reflect real people, places, or facts. When you use the Service, you understand and agree:
- Output may not always be accurate. You should not rely on Output from the Service as a sole source of truth or factual information, or as a substitute for professional advice.
- You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before relying on or sharing Output from the Service.
- You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
- The Service may provide incomplete, incorrect, or offensive Output that does not represent our views. If Output references any third-party products or services, it does not mean the third party endorses or is affiliated with Fae.
3.2 Your Content
You retain all rights to your Input. You grant Fae a non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your Input solely for the purpose of providing the Service and Output to you. We do not use your conversations to train AI models. However, our third-party AI providers may have their own data practices as described in their terms and privacy policies.
3.3 Intellectual Property
Fae retains all right, title, and interest in and to the Service and any intellectual property related thereto, except for the limited license granted to you to access and use the Service. Subject to your compliance with these Terms, Fae grants you a revocable, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes.
4. Prohibited Uses and Content Restrictions
You agree not to use the Service to send or request content that:
- Infringes any intellectual property or other proprietary rights of any party
- You do not have a legal right to submit
- Contains software viruses or any code designed to interrupt, destroy, or limit functionality of any computer software, hardware, or telecommunications equipment
- Poses a privacy or security risk to any person
- Constitutes spam, junk mail, chain letters, or any form of unauthorized advertising or solicitation
- Is threatening, abusive, harassing, or bullying
- Is excessively violent or depicts realistic serious violence against a person or animal
- Is defamatory, libelous, or verifiably false with the purpose of harming others
- Constitutes hate speech that demeans or promotes discrimination or violence based on race, ethnicity, gender, religion, age, or other characteristics
- Is obscene or pornographic
- Constitutes sexual harassment, sexual exploitation, or abuse of a minor
- Glorifies or provides instructions for self-harm, including self-injury, suicide, or eating disorders
- Promotes terrorism or violent extremism
- Furthers or promotes criminal activity
- Seeks to buy or sell illegal drugs
- Seeks to provide medical, legal, financial, or tax advice
- Violates the rights of publicity or privacy of any person without permission
You also agree not to:
- Violate any applicable law or regulation
- Impersonate any person or entity
- Reverse engineer, disassemble, or decompile any part of the Service
- Use automated means to access the Service for scraping or data collection
- Share your account credentials with others
- Use the Service in competition with us or to develop competing products
We reserve the right to investigate and take appropriate action, including restricting content visibility, suspending or removing content, suspending or terminating your account, and reporting you to law enforcement. We use automated and manual measures to help identify activities that may be illegal or non-compliant with these Terms.
5. Text Messaging Terms
5.1 Consent to Text Messages
By providing your phone number and using the Service, you expressly consent to receiving text messages from Fae, including automated messages. You understand that consent is not required as a condition of purchase. Message frequency varies based on your usage and interaction with Fae.
5.2 Message and Data Rates
Standard message and data rates may apply to text messages sent via SMS or RCS (non-iMessage). Messages sent via iMessage do not incur SMS charges. You are responsible for all charges from your wireless carrier. Check your mobile plan and contact your wireless provider for details about messaging rates.
5.3 Stopping Messages
You may stop receiving messages from Fae at any time by expressing your intent to stop through any message to Fae, or by contacting support@friendsforhumanity.com. You may receive a final confirmation message after your request to unsubscribe.
5.4 Group Messaging
Fae may be added to group chats. By adding Fae to a group chat, all participants consent to Fae's participation and understand that their messages will be processed by the Service.
6. Payments and Subscriptions
6.1 Pricing
Certain features of the Service are provided free of charge, while other features require a paid subscription. Subscription pricing is presented to you via the Service and is subject to change. We may add new features for additional fees, modify fees for existing features, or discontinue offering any subscription plans at any time. Any changes to pricing will become effective in the billing cycle following notice of the change.
6.2 Payment Processing
Payments are processed by Stripe or other third-party payment processors. By providing payment information, you authorize us and our payment processors to charge your payment method for applicable fees and taxes. You are subject to the payment processor's terms and conditions and privacy policy. Payment must be received before access to subscription features is provided.
6.3 Automatic Renewal
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each subscription term unless you cancel before the renewal date. You authorize us and our payment processors to charge your payment method for subsequent subscription periods. The subscription fee may change with notice as described in Section 6.1.
6.4 Cancellation
You may cancel your subscription at any time through your account settings or by contacting support@friendsforhumanity.com. Cancellation will be effective at the end of your current billing period. You will continue to have access to subscription features through the end of the then-current billing period.
6.5 Refunds
All sales are final. UNLESS REQUIRED BY APPLICABLE LAW, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND for any cancellation, suspension, or termination, nor for any unused time on your subscription, any pre-payments, or anything else. Refunds may be granted at our sole option and discretion. If you believe you have been improperly charged, contact support@friendsforhumanity.com.
6.6 Free Trials
We may offer free trials at our discretion. If you are enrolled in a free trial, your payment method will be charged automatically on the day following the last day of your free trial. To avoid charges, you must cancel before the end of the free trial period. Cancellation during a free trial may result in immediate loss of access.
7. Referral Program
We may offer a referral program allowing users to receive subscription time or other benefits by referring friends to the Service. Referral program terms are subject to change and may include limitations on eligibility, number of referrals, and benefits provided. We reserve the right to modify, suspend, or terminate the referral program at any time. Abuse of the referral program, including creating fake accounts or engaging in fraudulent referrals, may result in account termination and forfeiture of any benefits.
8. Termination
We may suspend or terminate your account or access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may terminate your account at any time by contacting support@friendsforhumanity.com. Upon termination, your right to access the Service will immediately cease. We may immediately deactivate or delete your account and all related information and files. We will not be liable to you or any third party for any termination of your access to the Service.
9. Privacy and Data
9.1 Privacy Policy
Our Privacy Policy describes how we collect, use, and disclose your personal information. By using the Service, you consent to our collection and use of personal information as described in the Privacy Policy.
9.2 Data Deletion
You may request deletion of your data by emailing support@friendsforhumanity.com. We will process your request in accordance with applicable law and our Privacy Policy. Some data may be retained as required by law or for legitimate business purposes.
9.3 International Users
The Service is available internationally. By using the Service, you consent to the transfer of your personal information to the United States and other countries for processing and storage. If you are located in the European Union or other regions with laws governing data collection and use, you acknowledge that we will process your data in accordance with this Privacy Policy and applicable law.
10. Disclaimers
10.1 No Medical or Professional Services
FAE IS NOT A HEALTHCARE, MENTAL HEALTH, OR MEDICAL DEVICE PROVIDER. THE SERVICE IS FOR ENTERTAINMENT AND COMPANIONSHIP PURPOSES ONLY. Fae should not be considered medical care, mental health services, therapy, counseling, or professional advice of any kind. Only licensed healthcare providers can provide medical or mental health services. Fae makes no claims, representations, or guarantees that the Service provides a therapeutic benefit.
USE OF THE SERVICE IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. IF YOU FEEL THAT YOU ARE A DANGER TO YOURSELF OR OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICE IMMEDIATELY AND CALL 911 OR NOTIFY APPROPRIATE EMERGENCY PERSONNEL.
10.2 No Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT OR OUTPUT PROVIDED THROUGH THE SERVICE.
10.3 Third-Party Platforms
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PLATFORM INCLUDING IMESSAGE, SMS/RCS CARRIERS, OR WHATSAPP. WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE CAUSED BY THESE THIRD-PARTY PLATFORMS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FAE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FAE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) TWO HUNDRED DOLLARS ($200).
WE ASSUME NO LIABILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR OUTPUT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OUR SERVERS OR YOUR PERSONAL INFORMATION; (D) INTERRUPTION OR CESSATION OF THE SERVICE; (E) BUGS, VIRUSES, OR HARMFUL CODE TRANSMITTED THROUGH THE SERVICE; (F) ERRORS OR OMISSIONS IN CONTENT; OR (G) ANY THIRD-PARTY CONDUCT.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless Fae and its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney fees) arising from: (a) your use of the Service; (b) your Input; (c) your violation of these Terms; (d) your violation of any third-party right, including intellectual property or privacy rights; (e) your violation of any applicable law; (f) any misrepresentation made by you; or (g) any third party's use of the Service with your account credentials.
13. Dispute Resolution; Arbitration Agreement
13.1 Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting legal@friendsforhumanity.com. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days, you or Fae may bring a formal proceeding.
13.2 Arbitration Agreement (U.S. Residents)
IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
- Agreement to Arbitrate: You and Fae agree to resolve any claims relating to these Terms or the Service through final and binding arbitration by a single arbitrator, except as set forth below. This includes disputes arising from or relating to the interpretation or application of this arbitration agreement.
- Opt-Out: You may decline this arbitration agreement within thirty (30) days of first registering your account by emailing legal@friendsforhumanity.com with your full name and a statement of your intent to opt out.
- Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Francisco County, California, unless you and Fae agree otherwise. The AAA rules will govern payment of all arbitration fees. You may sue in small claims court in San Francisco, California, or any United States county where you live or work, if your claims qualify.
- Exceptions: Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or intellectual property infringement without first engaging in arbitration.
13.3 Class Action Waiver
YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this class action waiver is found unenforceable, then the entire arbitration agreement will be deemed void.
13.4 Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement. For any disputes not subject to arbitration, the exclusive jurisdiction and venue will be the state and federal courts in San Francisco, California. Some countries have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph does not override those laws.
14. General Terms
14.1 Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.
14.2 Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms without restriction. Any attempted transfer in violation of this section is void.
14.3 Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and Fae concerning the Service. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.4 No Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. No waiver will be deemed a continuing waiver of such term or any other term.
14.5 Export Controls
You will comply with all applicable export and import control laws and regulations. You represent that you are not located in a country subject to U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
15. Contact Information
If you have questions about these Terms or the Service, please contact us:
Friends for Humanity, Inc.
- Email: support@friendsforhumanity.com
- Legal: legal@friendsforhumanity.com
- Address: 2261 Market Street, #85101, San Francisco, CA 94114, United States